Dear sirs, I have flat in Mumbai since 16 years time it’s TDR flat , in Agreement my Area mentioned 1050 carpet. Now redevelopment process while Society measures the same found 960 sq ft, in municipal record shows 971 sq ft. In redevelopment what area we are eligible. As we have paid stamduty , society maintenance’s at 1050. Apart from this flat is in Joint name myself first holder joined with my father. Father have gifted me and sent for transfer to society but society not transferring and asking to give BOND that you accept 971 sq ft and again in future any redevelopment your benefit on 971 sq ft. Please guide.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
You would be entitled to area as per BMC sanctioned plans
2) if area mentioned in BMC records is 971 square feet you would be entitled only such area
3) if builder has provided less area then mentioned in sale deed your remedy is against the builder for compensation for shortfall in area
The area of the flat as appearing the sanctioned building plans would generally prevail over any other carpet area mentioned elsewhere
On physical measurement the society found the flat to be lesser than the carpet area mentioned in the municipal records
Despite that the society is offering 971 sq.ft.
It appears the builder or your seller cheated you
If you raise the dispute with the society then you will have to file a dispute case in the co operative court
The society asking you to submit bond as a precondition to transfer the flat to your sole name is clearly illegal
Do you have a registered sale deed on your name which shows that the extent of the carpet area is 1050 sq feet?
In that case what is the reason that the Municipal records shows a lesser carpet area?
In redevelopment
Rule 2(3)(42) of the Development Control Regulations for Greater Bombay, 1991 (DCR) defines Floor Space Index (FSI) as the quotient of the ratio of the combined gross floor area of all floors, excepting areas specifically exempted under these regulations, to the total area of the plot:
FSI =
Total covered area on all the floors
Plot area
The Maharashtra State Government has drafted a policy for FSI applicable to the state of Maharashtra. It varies from city to city and municipality to municipality depending upon the population density.
TDR is a three-letter acronym that produced a concrete jungle in Mumbai and stands for Transferable Development Rights.
Rule 34 of the DCR defines TDR as: In certain circumstances, the development potential of a plot of land may be separated from the land itself and may be made available to the owner of the land in the form of Transferable Development Rights. These rights may be made available and be subject to the Regulations in Appendix VII of DCR.
The Developer has to provide extra areaover and above the existing carpet area to all the members free of cost in the newly constructed building. The flower bed as open balcony area should be provided as permitted by The Municipal Corporation of Greater Mumbai. (Area will be approx sq.fts.)
Dear sir/madam,
You can get the measurements of the flat redone. There can not be three different measurements. It is advisable not to enter into any bond without reconfirming everything. You can also send a legal notice to the previous owner of the flat to reconfirm the measurements of the flat. In case you think there was a fraud by the previous owner or any other party, you can file a suit against them.
- Since , the municipal record is showing 971 sq.ft , then it means that the last seller /builder has given you less carpet area than the mentioned in the agreement , for which you can claim against him legally.
- Further, as your father has already gifted his share in your favour , then the society having no authority to object the same , and transferring the whole property in your name.
- Further as you were paying the maintenance at 1050 , then you can lodge a compliant before the registrar against the society to change the measurement from 1050 to 971, and to get refund .
It depends on municipal record and your fsi Applicable to you
